Collision Claim vs. Property Damage Claims After a Florida Car Accident

After a car accident, you generally have two options for getting your vehicle repaired: make a collision claim through your own insurance company or pursue a property damage claim through the at-fault driver's insurance company.

If you carry collision coverage, your own insurance company can pay for damage to your vehicle regardless of who caused the accident. This is often the quickest way to get repairs underway, particularly when the other insurance company is still investigating fault. You will typically be responsible for your deductible, which is often $500 or $1,000, but if the other driver was at fault, you may get this back when your insurer pursues reimbursement through the at-fault driver's insurance company. This is done through a process called subrogation. If that recovery is successful, your insurer will get reimbursed in full by the insurance company responsible for the loss.

Alternatively, you can pursue your vehicle damage directly through the at-fault driver's property damage liability coverage. Florida drivers are generally required to carry at least $10,000 in property damage liability coverage. If you are unsure of whether there is adequate coverage to cover your damage, you should contact an attorney to understand your options.

Don't Overlook Diminished Value and Rental Expenses

Even after your vehicle is fully repaired, it may be worth less because it now has an accident history. This loss is known as diminished value. Diminished value generally is not reimbursed under your own collision coverage and instead must be pursued against the at-fault driver's property damage coverage.

Rental expenses are another area where money can be left on the table. Your own policy may have daily or total limits on rental reimbursement. Keep all rental receipts, including amounts your insurer did not reimburse. If you use your collision coverage and the other driver was at fault, provide those receipts to your insurer so the unreimbursed expenses can be included in its subrogation efforts.

Always remember that resolving the repairs to your vehicle does not necessarily resolve every property damage claim you may have. Depending on the circumstances, issues such as your deductible, unreimbursed rental expenses, and diminished value may still need to be addressed.

---

This article is for general informational purposes only and is not legal advice. Insurance coverage and claims depend on the specific policy language and facts of each case. If you have been in an automobile accident and have questions surrounding the property damage, contact Attorney Sheba R. Abraham at (239) 421-7090 for a free consultation.